Section one: Contracting authority
one.1) Name and addresses
City & County of Swansea
Civic Centre
Swansea
SA1 3SN
Telephone
+44 1792637242
Country
United Kingdom
NUTS code
UKL18 - Swansea
Internet address(es)
Main address
Buyer's address
https://www.sell2wales.gov.wales/search/Search_AuthProfile.aspx?ID=AA0254
one.4) Type of the contracting authority
Regional or local authority
one.5) Main activity
General public services
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
SIMS – Schools Management Information System
Reference number
CCS/21/487
two.1.2) Main CPV code
- 72000000 - IT services: consulting, software development, Internet and support
two.1.3) Type of contract
Services
two.1.4) Short description
Transition from existing contractual model of perpetual licence of SIMS to local authority with associated support services, to software as a
service model contracting directly with individual schools to provide SIMS and associated support services.
two.1.6) Information about lots
This contract is divided into lots: No
two.1.7) Total value of the procurement (excluding VAT)
Lowest offer: £3,230 / Highest offer: £55,312 taken into consideration
two.2) Description
two.2.2) Additional CPV code(s)
- 72260000 - Software-related services
- 72261000 - Software support services
- 72268000 - Software supply services
- 72300000 - Data services
- 72310000 - Data-processing services
- 72320000 - Database services
two.2.3) Place of performance
NUTS codes
- UKL18 - Swansea
Main site or place of performance
Civic Centre, Swansea, Wales, UK
two.2.4) Description of the procurement
Prior to the award of these contracts, the current provider (ESS) had a contract with the local authority under which it provided a perpetual
licence to the local authority for the purpose of providing SIMS to the schools in the local authority's area, with associated support services.
ESS has now served notice to terminate that contract and requires that, in order to continue provision of SIMS, individual schools must
enter into direct contracts with ESS to receive SIMS as software as a service.
In order to bring about the transition, the local authority will enter into a Facilitation Agreement ("FA") with ESS under which nothing of
value is received by ESS and no material services are provided to the local authority; it is purely an administrative arrangement to effect the
transition. Each school in the local authority's area will enter into a School Contract ("SC") with ESS for the direct provision of SIMS as
software as a service, at substantially the same cost as before.
The highest value SC is 3,230 GBP and the lowest value SC is 55,312 GBP
The schools in the local authority's area whose governing bodies will enter into contracts with ESS are as follows:
List of schools:-
Name
Birchgrove Comprehensive
Birchgrove Primary School
Bishop Gore Comprehensive School
Bishop Vaughan RC Comprehensive
Bishopston Comprehensive School
Bishopston Primary School
Blaenymaes Primary School
Brynhyfryd Primary School
Brynmill Primary School
Burlais Primary School
Cadle Primary School
Casllwchwr Primary School
Cefn Hengoed Comprehensive School
Christ Church In Wales Primary
Cila Primary School
City and County of Swansea Pupil Referral Unit
Clase Primary School
Clwyd Primary School
Clydach Primary School
Craigfelin Primary School
Crwys Primary School
Cwmglas Primary School
Cwmrhydyceirw Primary School
Danygraig Primary School
Dunvant Primary School
Dylan Thomas Community School
Flying Start Settings
Gendros Primary School
Glais Primary School
Glyncollen Primary School
Gors Community School
Gorseinon Primary School
Gowerton Primary School
Gowerton School
Grange Primary School
Gwyrosydd Primary School
Hafod Primary School
Hendrefoilan Primary School
Knelston Primary School
Llangyfelach Primary School
Llanrhidian Primary School
Mayals Primary School
Morriston Comprehensive School
Morriston Primary School
Newton Primary School
Olchfa School
Oystermouth Primary School
Parkland Primary School
Pen-y-fro Primary School
Penclawdd Primary School
Pengelli Primary School
Penllergaer Primary School
Pennard Primary School
Pentre'r Graig Primary School
Pentrechwyth Primary School
Pentrehafod School Hafod
Penyrheol Comprehensive School
Penyrheol Primary School
Plasmarl Primary School
Pontarddulais Comprehensive School
Pontarddulais Primary School
Pontlliw Primary School
Pontybrenin Primary School
Portmead Primary School
Seaview Community Primary School
Sketty Primary School
St Davids RC Primary School
St Helen's Primary School
St Illtyds RC Primary School
St Joseph’s Cathedral Primary School
St Joseph’s RC Primary School
St Thomas Community Primary School
Talycopa Primary School
Terrace Road Primary School
Townhill Community School
Trallwn Primary School
Tre Uchaf Primary School
Waun Wen Primary School
Waunarlwydd Primary School
Whitestone Primary School
Y G G Bryniago
Y G G Lonlas Primary School
Y G G Pontybrenin
YGG Llwynderw
YGG Tan-y-lan
Ynystawe Primary School
Ysgol Bryn-Y-Mor
Ysgol Crug Glas
Ysgol G G Y Login Fach Prim Sch
Ysgol Gyfun Bryn Tawe
Ysgol Gyfun Gwyr
Ysgol Gymraeg Y Cwm
Ysgol Gynradd Gymraeg Gellionnen
Ysgol Gynradd Gymraeg Tirdeunaw
Ysgol Pen-y-Bryn
The local authority publishes this notice on behalf of itself and the schools listed above but is not acting as a central purchasing body on
behalf of the schools.
two.2.5) Award criteria
Price
two.2.11) Information about options
Options: No
two.2.13) Information about European Union Funds
The procurement is related to a project and/or programme financed by European Union funds: No
two.2.14) Additional information
Contract duration: 36 months
Section four. Procedure
four.1) Description
four.1.1) Type of procedure
Award of a contract without prior publication of a call for competition in the cases listed below
- The procurement falls outside the scope of application of the regulations
Explanation:
This contract award notice is published on a wholly voluntary basis and without prejudice to the local authority's and the governing body of each individual school's position that no prior publication of a contract notice, and thus no competitive tender exercise, was required in respect of the Facilitation Agreement (FA) and/or the individual Schools Contracts (SC). Neither the local authority nor the governing body of any of the schools listed above accepts that the FA and/or the individual SCs are within the scope of application of Part 2 of the Public Contracts Regulations 2015 (as amended). (1) The FA simply puts in place an administrative mechanism to manage the transition of contracts from local authorities to schools and therefore has no ‘value’. Each school is a separate contracting authority and each SC is a separate contract. The values of each SC is below the threshold in Reg. 5 (as reviewed pursuant to Reg. 5A) of the 2015 Regulations. (2) The services can only be provided by one particular economic operator (ESS) - competition is absent for technical reasons pursuant to Reg. 32(2)(b)(ii) of the 2015 Regulations. (3) All the schools in the local authority's area currently use ESS' SIMS product. It would take a minimum of 6 weeks to transition from ESS' SIMS product to another product. To avoid serious disruption to the school's functions, that transition has to take place over the long summer holidays. ESS served 90 days' notice to terminate current arrangements. It would not be possible, in the timescales imposed by ESS, for schools to tender for and purchase an alternative product and transition to it, without suffering serious disruption to essential services which would affect the ability of schools to continue to function and which may require schools to close. The urgency provisions pursuant to Reg. 32(2)(c) of the 2015 Regulations apply. Due to the short notice given by ESS, together with the time it would take to prepare a specification and to transition to a new product, the timescales for the open or restricted procedure, or competitive procedure with negotiation, cannot be complied with in the time available. It is intended in the future to advertise a competitive tender exercise for SIMS on an all-Wales basis, with transition to the new contracts resulting from such tender to coincide with the end of the 3-year term of the SCs entered into with ESS. Pre-tender market testing is likely to commence in the near future.
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: Yes
Section five. Award of contract
Contract No
CCS/21/487
A contract/lot is awarded: Yes
five.2) Award of contract
five.2.1) Date of conclusion of the contract
17 February 2022
five.2.2) Information about tenders
Number of tenders received: 1
Number of tenders received from SMEs: 0
Number of tenders received from tenderers from other EU Member States: 0
Number of tenders received from tenderers from non-EU Member States: 1
Number of tenders received by electronic means: 0
The contract has been awarded to a group of economic operators: No
five.2.3) Name and address of the contractor
Education Software Solutions Limited
11 Kingsley Lodge, 13 New Cavendish Street
London
W1G9UG
Country
United Kingdom
NUTS code
- UKI - London
The contractor is an SME
No
five.2.4) Information on value of contract/lot (excluding VAT)
Lowest offer: £3,230 / Highest offer: £55,312 taken into consideration
Section six. Complementary information
six.3) Additional information
(WA Ref:119855)
six.4) Procedures for review
six.4.1) Review body
High Court
Royal Courts of Justice, The Strand
London
WC2A 2LL
Telephone
+44 2079477501
Country
United Kingdom